Ross v. Wells Fargo Bank
114 So. 3d 256
| Fla. Dist. Ct. App. | 2013Background
- Wells Fargo foreclosed Tarazi’s mortgage and obtained a final judgment on July 8, 2008.
- On November 24, 2008, Wells Fargo sought leave to file a supplemental complaint to re-foreclose and to add Ross as a defendant.
- The trial court granted the motion on December 3, 2008, later dismissing the re-foreclosure for lack of prosecution and vacating that dismissal.
- Ross appealed, challenging the trial court’s authority to permit post-judgment re-foreclosure.
- The final judgment contained only a broad reservation of jurisdiction, not a specific post-judgment authorization to add an omitted party.
- The appellate court held the trial court lacked subject-matter jurisdiction to permit the post-judgment re-foreclosure and remanded to reinstate the final judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction to permit post-judgment re-foreclosure | Ross argues lack of subject-matter jurisdiction. | Wells Fargo asserts some basis to proceed under reserved jurisdiction; or argues preservation issues. | Reversed; no jurisdiction to permit post-judgment re-foreclosure. |
| Preservation of the jurisdiction issue | Ross properly preserved the jurisdiction challenge on appeal. | Wells Fargo contends the issue was not properly preserved. | Jurisdiction may be raised at any time; preservation not required. |
Key Cases Cited
- Patin v. Popino, 459 So.2d 435 (Fla. 3d DCA 1984) (final judgment ends trial court authority except reserved by judgment)
- Ross v. Damas, 31 So.3d 201 (Fla. 3d DCA 2010) (jurisdiction reserved by statute or rule is limited)
- Harrell v. Harrell, 515 So.2d 1302 (Fla. 3d DCA 1987) (trial court retains jurisdiction only as expressly provided)
- Travelers Cas. & Sur. Co. of Am. v. Sidman, 103 So.3d 900 (Fla. 2d DCA 2012) (absence of jurisdiction nullifies post-judgment actions)
- Damas, 31 So.3d 203 (Fla. 3d DCA 2010) (explicit limits on post-judgment supplemental pleadings)
- Colucci v. Greenfield, 547 So.2d 224 (Fla. 3d DCA 1989) (subject-matter jurisdiction may be raised at any time)
- Jared v. Jackson, 483 So.2d 51 (Fla. 4th DCA 1986) (jurisdictional challenges may be raised on appeal)
- FNS4, LLC v. Security Bank, N.A., 88 So.3d 215 (Fla. 3d DCA 2011) (preservation and related foreclosure actions)
- Abdoney v. York, 903 So.2d 981 (Fla. 2d DCA 2005) (foreclosure proceedings and party addition)